Spilman Thomas & Battle, PLLC

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Erin Jones Adams

The New N.C. Standard for Employer Responses to Unemployment Benefits Claims

What North Carolina Law Says - Employers have often ignored a separation notice from the Employment Security Commission and not provided any details as to reason for separation because it was not being contested or it was…more

Reporting Requirements, TAAEA, Unemployment Benefits

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R. Scott Adams

Did You Miss It? Important New Guidance for Financial Institutions Using Social Media

At the end of last year, the members of the Federal Financial Institutions Examination Council (FFIEC), published final supervisory guidance titled “Social Media: Consumer Compliance Risk Management Guidance.” Financial…more

Banks, FDIC, FFIEC, OCC, Social Media

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John Allevato

Estate Planning & Federal Tax Update - Winter 2013

With the American Taxpayer Relief Act of 2012 (the “ATRA ”) passed and the fiscal cliff safely averted, the time has come to turn your attention to your estate plan. What Did the ATRA Accomplish? The fiscal cliff threatened…more

American Taxpayer Relief Act, Capital Gains, Dividends, Estate Planning, Family Trusts

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Nathan B. Atkinson

North Carolina Statute of Repose Preempted by Superfund Discovery Rule

The United States Court of Appeals for the Fourth Circuit Court recently ruled that North Carolina’s statutes of repose and limitations is trumped by Superfund’s discovery rule, under which the limitation period for filing a…more

CERCLA, Discovery Rule, Preemption, Statute of Limitations, Statute of Repose

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Michael Basile

The Shale Play Today - September 2013

In This Issue: - Deeper Resources: Rotruck Joins Spilman - EQB Proposes Substantial Increases in Permit Fees for Unconventional Wells - Oil & Gas Lessees Retain Important Rights in W.Va. - Pa. Shale Industry…more

Endangered Species, Energy Exploration, Fees, Fracking, Oil & Gas

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H. Dill Battle III

Workers’ Compensation “Zombies” Invade West Virginia Legislature

In a move akin to the zombie apocalypse, a West Virginia legislator attempts to resurrect dead provisions in legislation filed on February 10, 2014. State Senator Jack Yost, a Democrat from Brooke County, introduced eight bills…more

Disability Benefits, Employee Benefits, Entitlements

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Angela Beblo

The TCPA: Take Care, Pitfalls Ahead

For more than twenty years, the federal government has attempted to limit the number of unsolicited phone calls consumers receive through the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), which is perhaps best…more

Do Not Call List, FCC, TCPA

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David Bosak

ERISA Fiduciary Duties and the Tension Between the Affordable Care Act and the Religious Freedom Restoration Act

The Patient Protection and Affordable Care Act ("ACA") has significantly changed the healthcare industry in the United States. Among the many changes is the new requirement that healthcare providers must provide all "Food and…more

Affordable Care Act, Contraceptive Coverage Mandate, Contraceptives, ERISA, FDA

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M. Ann Bradley

The Shale Play Today - April 2013

In This Issue: - Pa. Supreme Court Issues Decision in Butler Case - Hydraulic Fracturing - Studies Without End - Pending Pa. Legislation Gives Incentives for Natural Gas Vehicles - Atlantic Natural…more

Fracking, Incentives, Natural Gas

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Kevin Carr

They're BACK! NLRB Reissues Ambush Election Amendments to Union Election Procedures

THE CHANGE: Earlier this morning, the NLRB revived its proposed amendments to the representation election procedures that would dramatically cut down the time between a union representation petition and the actual union vote by…more

Ambush Election Rules, NLRB, Union Elections

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Mark Clark

Comprehensive Summary Of Final Senate Bill 373

On Saturday evening, March 8, after intense work and consideration of perhaps 100 or more amendments, the West Virginia Legislature passed Senate Bill 373 ("SB 373"), which establishes sweeping new regulatory programs that will…more

Drinking Water, Storage Tanks, Water Supplies

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Michael Connelly

Pa. Litigation Update

This summer was anything but a sleepy period for decisions from Pennsylvania courts on issues important to the oil and gas industry. Here are summaries of four cases issued in July and August - one from the Third Circuit Court…more

Breach of Duty, CAFA, Chevron, Damages, Fracking

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M. Katherine Crockett

Comprehensive Summary Of Final Senate Bill 373

On Saturday evening, March 8, after intense work and consideration of perhaps 100 or more amendments, the West Virginia Legislature passed Senate Bill 373 ("SB 373"), which establishes sweeping new regulatory programs that will…more

Drinking Water, Storage Tanks, Water Supplies

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Larissa Dean

H-1B Specialty Occupation Update: Time Again to File for New H-1B Visas and Government Scrutiny of Employer’s H-1B Usage

The H-1B visa filing frenzy is upon us once again! Because of the chronic shortage of nonimmigrant visas for foreign workers in the specialty occupation category (H-1B visas), employers seeking to hire new H-1B workers must file…more

Deadlines, H-1B, Immigrants, USCIS, Visas

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Alyesha Asghar Dotson

Tackling Class Actions Before They Start

Courts continue to make it easier for employers to adopt arbitration agreements and class action waivers. In our most recent edition of SuperVision Today, we mentioned recent rulings from National Labor Relations Board…more

Arbitration, Arbitration Agreements, Class Action, Class Action Arbitration Waivers, D.R. Horton

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Travis Eckley

Lenders Versus Mechanics’ Liens in West Virginia: A Question of Priorities

Finally! After days, weeks, sometimes even months of waiting, you as the lending officer received approval from corporate that underwriting has just approved your borrower and you can proceed with the term sheet. Time to put…more

Lenders, Liens, Loan Servicer, Loans, Underwriting

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Kevin Eddy

Pa. Litigation Update

This summer was anything but a sleepy period for decisions from Pennsylvania courts on issues important to the oil and gas industry. Here are summaries of four cases issued in July and August - one from the Third Circuit Court…more

Breach of Duty, CAFA, Chevron, Damages, Fracking

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James D. Elliott

CG Policy on Barging of Produced Water

On October 30, 2013, the United States Coast Guard published a “Proposed Policy Letter: Carriage of Conditionally Permitted Shale Gas Extraction Waste Water in Bulk” (“Proposed Policy”) pertaining to the barging of “shale gas…more

Chemicals, Coast Guard, Environmental Policies, Fracking, Hazardous Substances

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Charity K. Flynn

ABA Amends Model Rules of Professional Conduct to Address Changes Brought by Technology and Globalization

It is undeniable that technology and globalization are changing the way lawyers practice law. Technology has not just made people, places, and things much more accessible to us – it has impacted the way we store information and…more

ABA, Amended Regulation, Confidentiality, Corporate Counsel, Global Economy

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Carrie Harris

Interns This Summer? Evaluating Your Unpaid Internship Programs Under the FLSA

America’s high school and college students will soon be finishing another school year, and employers across the country are gearing up to welcome many of these young adults as interns for the summer. Interns are staples in many…more

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Matthew Haydo

ABA Amends Model Rules of Professional Conduct to Address Changes Brought by Technology and Globalization

It is undeniable that technology and globalization are changing the way lawyers practice law. Technology has not just made people, places, and things much more accessible to us – it has impacted the way we store information and…more

ABA, Amended Regulation, Confidentiality, Corporate Counsel, Global Economy

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Carl Hellerstedt, Jr.

How to Survive the Department of Labor’s Wage and Hour Enforcement

As most employers know, the federal wage/hour law under the Fair Labor Standards Act (“FLSA”) includes the requirement to pay “non-exempt” employees time and one half of their “regular rate” for work in excess of 40 hours in a…more

Audits, DOL, FLSA, Independent Contractors, Recordkeeping Requirements

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Brian Helmick

Nuts and Bolts of the Home Rule Program Application Sales and Use Taxes

This is an outline of a presentation given by Spilman attorneys Dale Steager and Brian Helmick before the WV Municipal League 44th Annual Conference, Home Rule: Learn, Lead, Succeed, at the Charleston Marriott Hotel in…more

Business Taxes, Home Rule States, Local Ordinance, Municipalities, Sales & Use Tax

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Angela D. Herdman

Insuring Your Growing Assets in the Appalachian Shale Plays

With the continued development of the Marcellus and Utica Shale, businesses in West Virginia, Pennsylvania and Ohio are experiencing rapid growth and facing many issues related to this growth they had not previously experienced…more

Liability Insurance, Marcellus Shale

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Elliot Hicks

The Construct - March 2014

In This Issue: - Green Law Corner: What LEED v4 Means for You - Deliberate Intent: Beyond Workers' Compensation and Into the Assets of Your Business - EPA Approves the New Phase I Standard -…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Entrepreneurs, EPA

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Debra Lee Hovatter

In Case You Missed It - Three Cases Impact W.Va. Consumer Finance Law

Confirmation of the W.Va. Attorney General's Authority to Hire Private Counsel on Behalf of the State - For more than a decade, the circuit courts in West Virginia have wrestled with the issue of whether the State…more

Arbitration Agreements, Attorney Generals, Compliance, Enforcement, Loans

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Casey Howard

And the Bidding Starts At . . .? The Impact of Two Recent Bankruptcy Decisions On Determining Foreclosure Sale Bids

In today’s economy, banks all too commonly find themselves foreclosing on real property collateral. As a result, banks are regularly in the position of having to determine the starting bid in foreclosure proceedings. This…more

Bids, Consumer Bankruptcy, Deficiency Judgments, Foreclosure

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Eric W. Iskra

SuperVision Today - February 2014

Notes from the Chair and Executive Editor - The year 2014 marks Spilman Thomas & Battle's 150th anniversary. While we pause to reflect on our first 150 years, we are also looking forward to how we will create our next 150…more

Compliance, Employee Benefits, Employee Rights, Legislative Agendas

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Bruce Jacobs

WVSCA Decision Strengthens Enforcement of Agreements to Arbitrate

On June 19, 2013, the West Virginia Supreme Court of Appeals (“the Court” or “WVSCA”) issued an important decision that bolsters the ability of financial institutions and other defendants to enforce arbitration agreements…more

Arbitration, Arbitration Agreements, SCOTUS, Unconscionable Contracts

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Heather Heiskell Jones

Hersh v. E-T Enterprises Ltd. and The Elimination of the Open and Obvious Doctrine

On November 12, 2013, the West Virginia Supreme Court of Appeals released its decision in Hersh v. E-T Enterprises, Ltd., et al., No. 12-0106. This landmark decision overturns more than 100 years of West Virginia precedent by…more

Foreseeability, Negligence, Premises Liability, Trespass

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Jessica L. Kimble

EPA Approves the New Phase I Standard

Many in the construction industry are familiar with Phase I testing as the first step in identifying environmental risk to any site. Since 2005, the industry standard for a Phase I has been the ASTM E 1527-05. Recently, however,…more

ASTM, Environmental Assessments, Environmental Impact Report, Environmental Policies, EPA

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Eric E. Kinder

SuperVision Today - February 2014

Notes from the Chair and Executive Editor - The year 2014 marks Spilman Thomas & Battle's 150th anniversary. While we pause to reflect on our first 150 years, we are also looking forward to how we will create our next 150…more

Compliance, Employee Benefits, Employee Rights, Legislative Agendas

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Mary Kathryn (Katie) King

Green Law Corner: What LEED v4 Means for You

In late 2013, the U.S. Green Building Council released its latest version of LEED, Version 4. Most of you have certainly heard of LEED but you may not know what LEED really means. LEED stands for Leadership in Energy and…more

Building Standards, Green Buildings, LEED Certified, LEED v4

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Travis Knobbe

The Construct: Your Guide to Law in the Construction Industry - November 2013

In This Issue: - Contractor Alert: Help Available for Small Businesses in the HUB Zone Program: Recognizing that our country -- our "team," if you will -- is stronger when all our players are on the field and…more

Construction Contracts, Construction Defects, Contractors, Entrepreneurs, HUBZone

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Sharon L Potter

Community Banking Excellence - Fourth Quarter 2012

In This Issue: - Conversation with a Community Banking Professional By Timothy R. Moore - Signs of a Federal Investigation by Sharon L. Potter - Why is Your Bank or Bank Holding Company Still a Public…more

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Alexander Macia

Spilman Alert: W.Va. Supreme Court Rulings Impact Defense of Deliberate Intent Cases

The West Virginia Supreme Court of Appeals recently issued two rulings that have a significant impact on the way employers may defend cases brought under West Virginia's deliberate intent statute (W.Va. Code § 23-4-2). Concisely…more

Affirmative Defenses, Intent

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Brienne Marco

The TCPA: Take Care, Pitfalls Ahead

For more than twenty years, the federal government has attempted to limit the number of unsolicited phone calls consumers receive through the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), which is perhaps best…more

Do Not Call List, FCC, TCPA

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Timothy R. Moore

How Dodd-Frank Changed “Reg O”

It is difficult (if not impossible) for a community bank to stay current on all the new rules spawned by Dodd-Frank. (For example, the rules promulgated under Dodd-Frank could fill approximately 32 copies of the great but very,…more

Banks, Dodd-Frank, Regulation O

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Gordon Mowen

On Equal Footing: Fourth Circuit Disables Temporary vs. Permanent Distinction Under the ADA

Last month, the United States Court of Appeals for the Fourth Circuit held that a “sufficiently severe” temporary impairment may constitute a disability under the American Disabilities Act (“ADA”). Summers v. Altarum Inst.,…more

ADA, Disability, Temporary Disability Insurance

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Glen A. Murphy

Pay me once, pay me twice, pay me thrice?

On November 15th the Supreme Court of Appeals of West Virginia issued the opinion of Jeffery Jenkins, et ux. v. City of Elkins, et al. (No. 11-1059). Factually, Mr. Jenkins was an employee of Bombardier Aerospace driving a…more

Car Accident, Statutory Immunity, Subrogation, UI/UIM, Workplace Injury

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Mary Jane Pickens

ACA Open Enrollment #1 in the Books

With the first annual Affordable Care Act open enrollment in the books (although the end of open enrollment is still something of a moving target – more on that later), everyone is examining, discussing, applauding and…more

Affordable Care Act, Healthcare, Healthcare Reform, Open Enrollment

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Peter Rich

Pay for Time Spent Donning and Doffing Protective Gear

The Supreme Court’s unanimous decision in Sandifer v. United States Steel Corp., No. 12-417 (January 27, 2014) should serve as an impetus for all employers to review their pay practices with respect to paying employees for…more

Collective Bargaining, FLSA, Protective Gear, Sandifer v U.S. Steel Corp, SCOTUS

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Arch Riley, Jr.

The Shale Play Today - January 2013

In This Issue: - Dept. of Labor Wage & Hour Enforcement to Focus on Shale Employers - Spilman Assists in Transition of Site from Steelmaking to Shale Gas - Natural Gas Fueling Stations Coming to I-79 in W. Va. and…more

DOL, EPA, Fracking, Geo-Software, Grants

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Stephanie Roberts

A Boost for Entrepreneurs: Minority-, Women- and Veteran-owned Businesses

Recognizing that our country -- our “team,” if you will -- is stronger when all our players are on the field and playing to their full potential, our federal and some state governments have developed programs to help…more

Department of Transportation, Minority-Owned Businesses, SBA, SDB Participation Program, Veterans

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Scott Rotruck

The Shale Play Today - December 2013

In This Issue: - The State of the Marcellus & Utica Shale Natural Gas Industry - Challenges of New Indiana Bat Guidance - Ethane Cracker Likely in W.Va. - A Productive Year in Shale - Excerpt from…more

Endangered Species, Endangered Species Act, Fish and Wildlife Service, Fracking, Natural Gas

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Joseph V. Schaeffer

Oil & Gas Lessees Retain Important Rights in W.Va.

The Fourth Circuit Court of Appeals’ recent decision in Whiteman v. Chesapeake Appalachia, LLC, affirms the right of a mineral estate lessee to construct impoundments for the disposal of drilling mud, drill cuttings, and…more

Mineral Leases, Mineral Rights, Oil & Gas, Surface Estates

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Ronald Schuler

Will New LNG Export Activity Affect U.S. Natural Gas Prices?

Last week, the U.S. Department of Energy announced that it conditionally approved the first West Coast LNG terminal, the Jordan Cove Energy Project in Coos Bay, Oregon, for the export of up to 800 million cubic feet of gas per…more

Liquid Natural Gas, Natural Gas, Oil & Gas

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Bryan G. Scott

Enforcing Your Arbitration Agreement Just Became a Great Deal Easier

Courts regularly praise private arbitration as a means of affording flexibility to the parties, reducing costs and time, and lessening the burden on the judicial system. In some cases though, arbitration clauses can present a…more

Arbitration, Arbitration Agreements, Unconscionable Contracts

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Lindsay Griffin Smith

Playing Kick the Can with the Affordable Care Act: The Administration Further Delays Employer Deadlines

The Treasury Department has announced further extensions for medium-sized and large-sized employers for compliance with the “employer mandate” of the Affordable Care Act (“ACA”). The employer mandate requires employers with a…more

Affordable Care Act, Employee Definition, Employer Mandates, IRS, Pay or Play

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Sarah Smith

The TCPA: Take Care, Pitfalls Ahead

For more than twenty years, the federal government has attempted to limit the number of unsolicited phone calls consumers receive through the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), which is perhaps best…more

Do Not Call List, FCC, TCPA

See All Updates »

Douglas Stark

A Virginia Mechanic's Lien Refresher, Courtesy of Jack Bays

In February 2013 the Supreme Court of Virginia handed down its decision in Jack Bays, a mechanic’s lien lawsuit involving the landowner, several lenders, the general contractor and no fewer than eleven subcontractors. Although…more

Appeals, Burden of Proof, Churches, Construction Contracts, Contractors

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Dale W. Steager

Nuts and Bolts of the Home Rule Program Application Sales and Use Taxes

This is an outline of a presentation given by Spilman attorneys Dale Steager and Brian Helmick before the WV Municipal League 44th Annual Conference, Home Rule: Learn, Lead, Succeed, at the Charleston Marriott Hotel in…more

Business Taxes, Home Rule States, Local Ordinance, Municipalities, Sales & Use Tax

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Victoria Summerfield

Pa. Supreme Court Strikes Down Key Provisions of Act 13

The Pennsylvania Supreme Court held unconstitutional several key provisions of Act 13 — the legislature’s broad amendment to the Pennsylvania Oil and Gas Act. The Supreme Court invalidated Section 3304 of Act 13, which placed…more

Department of Environmental Protection, Energy, Oil & Gas

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Elizabeth Summers

Estate Planning & Federal Tax Update - Winter 2013

With the American Taxpayer Relief Act of 2012 (the “ATRA ”) passed and the fiscal cliff safely averted, the time has come to turn your attention to your estate plan. What Did the ATRA Accomplish? The fiscal cliff threatened…more

American Taxpayer Relief Act, Capital Gains, Dividends, Estate Planning, Family Trusts

See All Updates »

Anna Sweigart

The New N.C. Standard for Employer Responses to Unemployment Benefits Claims

What North Carolina Law Says - Employers have often ignored a separation notice from the Employment Security Commission and not provided any details as to reason for separation because it was not being contested or it was…more

Reporting Requirements, TAAEA, Unemployment Benefits

See All Updates »

Allyn G. Turner

Comprehensive Summary Of Final Senate Bill 373

On Saturday evening, March 8, after intense work and consideration of perhaps 100 or more amendments, the West Virginia Legislature passed Senate Bill 373 ("SB 373"), which establishes sweeping new regulatory programs that will…more

Drinking Water, Storage Tanks, Water Supplies

See All Updates »

Richard Wallace

Alert: West Virginia House Bill 4283 Raises Minimum Wage and Has Unintended Consequences

West Virginia Governor Earl Ray Tomblin signed House Bill ("HB") 4283 into law yesterday, April 1, 2014. The bill will raise West Virginia's minimum wage incrementally, from $7.25 per hour to $8 per hour on January 1, 2015, and…more

Minimum Wage, Wage and Hour, Wages

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Karin Weingart

Workers’ Compensation “Zombies” Invade West Virginia Legislature

In a move akin to the zombie apocalypse, a West Virginia legislator attempts to resurrect dead provisions in legislation filed on February 10, 2014. State Senator Jack Yost, a Democrat from Brooke County, introduced eight bills…more

Disability Benefits, Employee Benefits, Entitlements

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Hugh B. Wellons

Is It Going to Be a Bumpy Ride?

Margo Channing (Bette Davis) in “All About Eve” famously said, “Fasten your seatbelts, it’s going to be a bumpy night!” Does that sum up the status of future community bank merger activity? Maybe so. Many financial…more

Banks, Community Banks, Economic Downturn, Mergers

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